Patrick and Whitmore

This matter concerned an application by the father for orders regarding the living arrangements and time spent with the child of the marriage, born in April 2001. The proceedings were before Moore J.

The primary legal issues before the court were to determine the primary residence of the child and the nature of parental responsibility, as well as to establish a regime for the child to spend time with and communicate with both parents, particularly given the father's residence in the United States. The court was also required to consider the practical arrangements for travel, communication, and the exchange of information between the parents concerning the child's schooling and medical care.

Moore J ordered that the child live with his mother and that both parents have equal shared parental responsibility. The court then detailed specific arrangements for the child to spend time with the father, including periods during school holidays, and for ongoing communication via telephone and internet. The orders also stipulated the father's obligations regarding travel costs and arrangements if the child were to spend time with him in the United States, and outlined procedures for the exchange of the child if time was spent in Australia. Furthermore, the mother was to authorise the disclosure of school and medical information to the father, and both parents were to keep each other informed of their contact details.